Inmate lawsuit alleges Rockingham County jailhouse beating

Wednesday

Jul 31, 2013 at 2:00 PMJul 31, 2013 at 2:27 PM

BRENTWOOD — A former Rockingham County corrections officer “maliciously and sadistically” beat an inmate at the county jail, in violation of the county's policies regarding use of force and leading to the officer's resignation, according to a lawsuit filed by the inmate in the U.S. District Court of New Hampshire.

Elizabeth Dinan

BRENTWOOD — A former Rockingham County corrections officer “maliciously and sadistically” beat an inmate at the county jail, in violation of the county's policies regarding use of force and leading to the officer's resignation, according to a lawsuit filed by the inmate in the U.S. District Court of New Hampshire.

Through Concord attorney Charles Douglas, inmate Kirk Cutler, 50, is suing former corrections officer Christopher Carbonneau, and Rockingham County, alleging the inmate was the victim of excessive force, cruel and unusual punishment, and assault and battery.

Currently incarcerated at the state prison for sexual assault convictions, Cutler alleges that on June 9, 2010, Carbonneau was booking him at the Rockingham County jail and asked him where he lived. A trucker, Cutler claims he answered that he lived in his truck, prompting “an angry and unrestrained response” from Carbonneau.

According to the lawsuit, Carbonneau pushed Cutler face-down onto a floor and gave him “multiple knee strikes” to the head and neck, “injuring him to the point that he urinated and defecated in his orange prison jumpsuit during the beating.” Cutler claims in his lawsuit that he wasn't resisting and “did nothing to warrant being physically struck in the head and neck.”

Carbonneau is being represented by Concord attorney Andrew Livernois and in an answer to the federal lawsuit he denies inflicting knee strikes to the inmate's head and neck. The former corrections officer counters that Cutler was uncooperative, so he pushed down on the inmate's head with his knee “in an effort to gain control of him.”

Cutler's suit claims the alleged beating was witnessed by another corrections officer who said Carbonneau “delivered three or four knee strikes to Mr. Cutler's head, face and shoulder area.” A third corrections officer is alleged to have opined that Cutler “was man handled more than necessary” and “was not attacking any of the officers so it was not necessary to strike him.”

A fourth county corrections officer, a sergeant, is alleged in the lawsuit to have asked Carbonneau if anyone at Rockingham County taught him to use knee strikes to the head.

“In fact it is not the training and teaching of Rockingham County correctional officers to use knee strikes to the head,” according to the federal suit. “Officer Carbonneau even agreed he should not have delivered the knee strikes.”

The legal complaint alleges Carbonneau was disciplined after an internal investigation, then resigned. The county's attorney, Corey Belobrow, admits in a response to the lawsuit that Carbonneau did use knee strikes to the inmate's head when the inmate “was not actively threatening officers or other inmates” in violation of county policy.

The county also admits in its legal response that Carbonneau “agreed in retrospect that a knee strike was probably not the thing to do.” The county states in its legal response that a sergeant asked Carbonneau why he also attempted to use a “leg sweep” to “kick out the legs” from under Cutler while he was handcuffed.

The county admits, through its attorney, that it brought charges against Carbonneau that “it felt warranted termination” and the corrections officer subsequently resigned. Court records state that Carbonneau is a Stratham resident, and according to the Portsmouth Police Department, he worked as a Portsmouth auxiliary officer from January 2008 to September 2010.

In his answer to the lawsuit, through his lawyer, Carbonneau admits the county Department of Corrections investigated his conduct during the incident and that following an investigation, he resigned.

The county is asking for a jury trial to defend itself against the federal suit and states several possible defenses. One is that Cutler shares “comparative fault” for his own misconduct and another is that the county may be immune from liability. Another possible defense, according to the county, is that the allegations apply to Carbonneau.

Through his attorney, Carbonneau denies violating any of Cutler's constitutional or statutory rights, while also denying the inmate suffered any injury or harm as a result of his actions. He also claims he may have “official immunity” from liability and that the use of force was permitted under two state laws.

According to the Rockingham County Attorney's office, Cutler is serving a state prison sentence for two counts of aggravated sexual assault, one count of felonious sexual assault and a conviction for sexual assault. A jury trial for the lawsuit alleging his beating in the county jail is scheduled to begin June 3, 2014 before federal Chief Justice Joseph Laplante.

Cutler is asking the federal judge to award him monetary damages for physical injuries, pain, suffering, mental anguish and embarrassment, “in violation of his constitutional right to be left alone and to be free from the excessive use of force by an agent of the government.”

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.

Advertise

Original content available for non-commercial use under a Creative Commons license, except where noted.
seacoastonline.com ~ 111 New Hampshire Ave., Portsmouth, NH 03801 ~ Privacy Policy ~ Terms Of Service